(a)

The City Council of the City of Janesville finds that:

(1)

Diminishing supplies of nonrenewable energy resources threaten physical economic well-being of the residents of this community who presently rely on such resources to maintain their homes, industries, businesses and institutions;

(2)

Solar energy systems hold great promise for the future energy needs of this community because they use a renewable energy resource; and because they do not pollute the community's water and air; and

(3)

The successful use of solar energy systems for such purposes as supplying space heating, water heating or the production of electricity is dependent upon sufficient access to direct sunlight.

(b)

This chapter is adopted under authority contained in Wis. Stats. § 66.0403, for the purpose of protecting the health, safety, and general welfare of the community by:

(1)

Promoting the use of solar energy systems;

(2)

Protecting access to sunlight for solar energy systems; and

(3)

Ensuring that potentially conflicting interests of individual property owners are accommodated to the greatest extent possible, compatible with the overall goal of this article.

(Code 1976, § 18.26.010; Ord. No. 84-395, § (part), amend § 2, 1984)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means an owner applying for a permit under this chapter.

Application means an application for a permit under this chapter.

Collector surface means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. The term "collector surface" does not include frames, support and mounting hardware.

Collector use period means 9:00 a.m. to 3:00 p.m. Standard time daily.

Impermissible interference means a blockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under this chapter during a collector use period, if such blockage is by any structure or vegetation on property, an owner of which was notified under Section 42-305(f). Impermissible interference does not include:

(1)

Blockage by a narrow protrusion, including, but not limited to, a pole or wire, which does not substantially interfere with absorption of solar energy by a solar collector.

(2)

Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under Section 42-305(f).

Owner means at least one owner, as defined in Wis. Stats. § 66.0217(1)(d), of a property or the personal representative of at least one owner.

Permit means a solar access permit issued under this chapter.

Solar collector means a device, structure or part of a device or structure, a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical, or electrical energy. The term "solar collector" may include passive systems, such as windows, sun porches or greenhouses, which do not use any external mechanical power to distribute collected heat.

Solar energy means direct radiant energy received from the sun.

(Code 1976, § 18.26.020)

(a)

Permit jurisdiction. Any owner who has installed or intends to install a solar collector may apply for a permit. The Site Plan Review Committee is delegated the responsibility to grant solar access permits. A permit may affect any land which, at the time the permit is granted, is located within the territorial limits of the City of Janesville.

(b)

Application. An application for a permit under this chapter may be obtained from the Building Division and shall be completed by the applicant.

(c)

Informal preapplication meeting. Prior to the filing of an application, the applicant shall meet with the Building Inspector to discuss the application and the permit process.

(d)

Application fee. The completed permit application shall be submitted to the Building Division with an application fee of $50.00.

(e)

Review of application. The Building Inspector shall review the application to determine if it is adequately completed. The Building Inspector shall notify the applicant of this determination:

(1)

If the Building Inspector determines that the application is adequately completed, the applicant shall immediately file a copy of the application form with the Register of Deeds for Rock County. The applicant shall then submit a copy of the application form with the recording data to the Building Inspector.

(2)

If the Building Inspector determines that the application is adequately completed, he or she shall provide notice forms and receipt forms to the applicant for service and signing under Subsection (f) of this section.

(f)

Service of notice. If an applicant is notified that his or her application has been adequately completed, the applicant shall deliver by Certified Mail or by hand the notice, supplied by the Building Division, to the owner of any property which the applicant proposes to be restricted by the permit. The applicant shall submit to the Building Division a copy of a signed receipt for every notice delivered under this subsection.

(g)

Content of notice. The information on the notice form shall include:

(1)

The name and address of the applicant, and the address of the land upon which the solar collector is or will be located;

(2)

That an application has been filed by the applicant;

(3)

That the permit, if granted, may affect the rights of the notified owner to develop his or her property and to plant vegetation;

(4)

That any person who receives a notice may request a hearing under Section 42-306 within 30 days after receipt of the notice;

(5)

The procedure for filing a hearing request and telephone number, address and office hours of the contact person in the Building Division.

(Code 1976, § 18.26.030)

Within 30 days after receipt of the notice under Section 42-305(f), any person who has received a notice, or anyone acting on that person's behalf, may file a request for a hearing on the granting of a permit, or the Site Plan Review Committee may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the Site Plan Review Committee determines that a hearing is necessary, the Site Plan Review Committee shall conduct a hearing on the application within 90 days after the last notice under Section 42-305(f) is delivered. At least 30 days prior to the hearing date, the Site Plan Review Committee shall notify the applicant, any person who has requested a hearing under this section, all owners notified under Section 42-305(f), and any other person filing a request of the time and place of the hearing.

(Code 1976, § 18.26.040; Ord. No. 84-305, § (part), 1984)

(a)

Determination. The Site Plan Review Committee shall grant a permit if that body determines that:

(1)

The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the City;

(2)

No person has demonstrated that he or she has present plans to build a structure that would create an impermissible interference by showing that he or she has applied for a building permit prior to receipt of a notice under Section 42-305(f), has expended at least $500.00 on planning or designing such a structure or by submitting any other credible evidence that he or she has made substantial progress toward planning or constructing a structure that would create an impermissible interference; and

(3)

The benefits to the applicant and the public will exceed any burdens.

(b)

Conditions.

(1)

The Site Plan Review Committee may grant a permit subject to any condition or exemption the Site Plan Review Committee deems necessary to minimize the possibility that the future development of nearby property will create an impermissible interference or to minimize any other burden on any person affected by granting the permit.

(2)

As a condition of receiving a permit, a permit holder shall be responsible for the cost of trimming vegetation planted before the date the last notice is mailed or delivered, to prevent an impermissible interference on property affected by the permit. The permit holder shall give consideration to the desires of the property owner in trimming such vegetation and shall not unnecessarily remove vegetation which does not or will not, in a reasonable period of time, create an impermissible interference.

(Code 1976, § 18.26.050)

Any person aggrieved by a decision under this article may appeal the decision to the Circuit Court for review.

(Code 1976, § 18.26.060; Ord. No. 84-395, § (part), 1984)

If the Site Plan Review Committee grants a permit:

(1)

The Site Plan Review Committee shall specify the property restricted by the permit and shall prepare a notice of the granting of the permit. The notice shall include the legal description pursuant to Wis. Stats. § 706.05(2)(c), for the property upon which the solar collector is or will be located and for any property restricted by the permit, and shall indicate that the property may not be developed and vegetation may not be planted or allowed to grow on the property so as to create an impermissible interference with the solar collector which is the subject of the permit unless the permit affecting the property is terminated or unless a waiver agreement affecting the property is recorded under Section 42-311.

(2)

The applicant shall record with the Register of Deeds of Rock County the notice under Subsection (1) of this section for each property restricted by the permit and for the property upon which the solar collector is or will be located. A copy of the notice with the recording information for each property affected shall be filed with the Building Division.

(3)

The Building Division shall keep a record of the location of any solar collector which is the subject of a permit and of the location of all properties which are subject to restrictions resulting from the granting of a permit.

(Code 1976, § 18.26.070)

(a)

Any person who uses property which he or she owns or permits any other person to use the property in a way which creates an impermissible interference under a permit which has been granted or which is the subject of an application shall be liable to the permit holder or applicant for damages, except as provided under Subsection (b) of this section for any loss due to the impermissible interference, court costs and reasonable attorney fees unless:

(1)

The building permit was applied for prior to receipt of a notice under Wis. Stats. § 66.0403(3)(b) or the agency determines not to grant a permit after a hearing under Wis. Stats. § 66.0403(4).

(2)

A permit affecting the property is terminated under Wis. Stats. § 66.0403(9).

(3)

An agreement affecting the property is filed under Wis. Stats. § 66.0403(10).

(b)

A permit holder is entitled to an injunction to require the trimming of any vegetation which creates or would create an impermissible interference as defined under Wis. Stats. § 66.0403(1)(f). If the court finds on behalf of the permit holder, the permit holder shall be entitled to a permanent injunction, damages, court costs, and reasonable attorney fees.

(Code 1976, § 18.26.080)

A permit holder by written agreement may waive all or part of any right protected by a permit. The permit holder shall record a copy of the agreement with the Register of Deeds of Rock County. A copy of the recorded agreement shall also be filed with the Building Division.

(Code 1976, § 18.26.090)

(a)

Any rights protected by a permit under this chapter shall terminate if the Building Division determines that the solar collector which is the subject of the permit is:

(1)

Permanently removed or is not used for two consecutive years, excluding time spent on repairs or improvements; or

(2)

Not installed and functioning within two years after the date of issuance of the permit.

(b)

The Building Division shall give the permit holder written notice and an opportunity for a hearing on the proposed termination under Subsection (a) of this section.

(c)

If the Building Division terminates a permit, the Building Division shall record a notice of termination with the Register of Deeds. The Building Division may charge the permit holder for the cost of recording.

(d)

The Building Division shall modify the record of solar collectors prepared under Section 42-309(3) to reflect the termination of a permit.

(Code 1976, § 18.26.100)

The transfer of title to any property shall not change the rights and duties provided by a permit granted under this chapter.

(Code 1976, § 18.26.110)

(a)

This chapter may not be construed to require that an owner obtain a permit prior to installing a solar collector.

(b)

This chapter may not be construed to mean that acquisition of a renewable energy resource easement under Wis. Stats. § 700.35, is in any way contingent upon the granting of a permit under this chapter.

(Code 1976, § 18.26.120)